Epstein Secrets

8-cv-80893-KAM Document 125 Entered on FLSD Docket 03'03'2010 Page 10 of 10 (c) The remainder of Defendant's motion is DENIED. DONE AND ORDERED in Chambers at West Palm Beach, Palm Beach County, Florida, this 3id day of March, 2010. te r "- KENNETH A. MARRA United States District Judge copies to: A

ief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Bell Atlantic Corp. v. Twombly, 550 U.S. at 555 (citations omitted). "Factual allegations must be enough to raise a right to relief above the speculative level on the assumption

the grounds upon which it rests." Swierkiewicz v. Sorema N.A. 534 U.S. 506, 512 (2002) (citing Fed. R. Civ. P. 8)• see also Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 545 (2007); Dura Phann., Inc. v. Broudo, 544 U.S. 336, 346 (2005). This is a liberal pleading requirement, one that does not require

s limited to one award of statutory damages, on which the Court reserves ruling, the remainder of Defendant's Motion is denied. DONE AND ORDERED in Chambers at West Palm Beach, Palm Beach County, Florida, this 11ih day of August, 2009. Copies furnished to: all counsel of record KENNETH A. MARRA Unite

ief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Bell Atlantic Corp. v. Twombly, 127 S.Ct. at 1964-65 (citations omitted). "Factual allegations must be enough to raise a right to relief above the speculative level on the assump

7 Entered on FLSD Docket 08/11/2009 Page 4 of 9 Sorema N.A., 534 U.S. 506, 512 (2002) (citing Fed. R. Civ. P. 8)• see also Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955, 1964 (2007); Dura Pharm., Inc. v. Broudo, 544 U.S. 336, 346 (2005). This is a liberal pleading requirement, one that does not requi

d not to include those prior paragraphs which relate to other statutory claims. The remainder of Defendant's Motion is denied. DONE AND ORDERED in Chambers at West Palm Beach, Palm Beach County, Florida, this 10th day of December, 2009. Copies furnished to: 4se-C- all counsel of record KENNETH A. MAR

f 9 requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Bell Atlantic Corp. v. Twombly, 127 S.Ct. at 1964-65 (citations omitted). "Factual allegations must be enough to raise a right to relief above the speculative level on the assump

the grounds upon which it rests." Swierkiewicz v. Sorema N.A., 534 U.S. 506, 512 (2002) (citing Fed. R. Civ. P. 8); see also Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955, 1964 (2007); Dura Pharm., Inc. v. Broudo, 544 U.S. 336, 346 (2005). This is a liberal pleading requirement, one that does not requi

08-cv-80119-KAM Document 54 Entered on FLSD Docket 02/12/2009 Page 12 of 12 is GRANTED and that citation is hereby STRICKEN. DONE AND ORDERED in Chambers at West Palm Beach, Palm Beach County, Florida, this 12th day of February, 2009. KENNETH A. MARRA United States District Judge copies to: All co

elief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Bell Atlantic Corp.. Twombly, 127 S.Ct. at 1964-65 (citations omitted). "Factual allegations must be enough to raise a right to relief above the speculative level on the assump

Civ. P. 8)• see also Bell Atlantic Corp. I. 5 EFTA00222022 Case 9:08-cv-80119-KAM Document 54 Entered on FLSD Docket 02/12/2009 Page 6 of 12 Twombly, 127 S.Ct. 1955, 1964 (2007); Dura Pharm., Inc. • Broudo, 544 U.S. 336, 346 (2005). This is a liberal pleading requirement, one that does not requir

08-cv-80119-KAM Document 54 Entered on FLSD Docket 02/12/2009 Page 12 of 12 is GRANTED and that citation is hereby STRICKEN. DONE AND ORDERED in Chambers at West Palm Beach, Palm Beach County, Florida, this 12th day of February, 2009. KENNETH A. MARRA United States District Judge copies to: All co

elief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Bell Atlantic Corp.. Twombly, 127 S.Ct. at 1964-65 (citations omitted). "Factual allegations must be enough to raise a right to relief above the speculative level on the assump

Civ. P. 8)• see also Bell Atlantic Corp. I. 5 EFTA00222486 Case 9:08-cv-80119-KAM Document 54 Entered on FLSD Docket 02/12/2009 Page 6 of 12 Twombly, 127 S.Ct. 1955, 1964 (2007); Dura Pharm., Inc. • Broudo, 544 U.S. 336, 346 (2005). This is a liberal pleading requirement, one that does not requir

of 2 EFTA00222690 Case 9:08-cv-80119-KAM Document 21 Entered on FLSD Docket 07/16/2008 Page 3 of 3 entry of this Order. DONE AND ORDERED in Chambers at West Palm Beach, Palm Beach County, Florida, this le day of July, 2008. KENNETH A. MARRA United States District Judge Copies furnished to: al

06/2008 Page 9 of 10 Case No. CV-80119-Marra-Johnson Page No. 9 Conclusion As discussed above herein, under the pleading standard established in Twombly, supra, and law concerning the elements of Count I and III, Plaintiff has failed to state claims upon which relief can be granted. Rule 12(b)(6). Pl

8-cv-80893-KAM Document 125 Entered on FLSD Docket 03/03/2010 Page 10 of 10 (c) The remainder of Defendant's motion is DENIED. DONE AND ORDERED in Chambers at West Palm Beach, Palm Beach County, Florida, this 3s day of March, 2010. / KENNETH A. MARRA United States District Judge copies to: All coun

ef' requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Bell Atlantic Corp. v. Twombly, 550 U.S. at 555 (citations omitted). "Factual allegations must be enough to raise a right to relief above the speculative level on the assumption

8-cv-80893-KAM Document 125 Entered on FLSD Docket 03/03/2010 Page 10 of 10 (c) The remainder of Defendant's motion is DENIED. DONE AND ORDERED in Chambers at West Palm Beach, Palm Beach County, Florida, this 3s day of March, 2010. / KENNETH A. MARRA United States District Judge copies to: All coun

ef' requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Bell Atlantic Corp. v. Twombly, 550 U.S. at 555 (citations omitted). "Factual allegations must be enough to raise a right to relief above the speculative level on the assumption

t prejudice to Defendant reasserting the grounds asserted in the motion if he deems it appropriate as to the Amended Complaint. DONE AND ORDERED in Chambers at West Palm Beach, Palm Beach County, Florida, this 23n° day of September, 2008. KENNETH A. MARRA United States District Judge copies to: All c

her claims. Supporting Memorandum of Law Standard on Rule 12(b)(6) Motion To Dismiss As established by the Supreme Court in Bell Atlantic Corp.'. Twombly, 127 S.Ct. 1955 (2007), a motion to dismiss should be granted if the plaintiff does not plead EFTA00175634 Case 9:08-cv-L .19-KAM Docuri... 1c 4